Disclosure Rules Flashcards
What can the extent of disclosure depend on for a police officer?
Whether the suspect exercised their right to legal advice. R v Saunders [2012] EWCA Crim 1380.
When will disclosure be made?
Prior to interview.
Why is disclosure made before an interview?
To allow the legal advisor to properly advise their client.
Who is post- charge / pre-trial disclosure governed by?
Crim procedure and investigations act (CPIA) 1996.
Why is proper disclosure of unused materials important?
It’s a crucial part of a fair trial and avoids miscarriages of justice.
Are the prosecution under a duty to disclose any evidence used in the case against the defendant and what is this called?
Yes and its called used materials.
Under what requirement may the prosecution be forced to disclosed unused materials?
s.3 CPIA 1996.
Who is responsible for retaining and recording relevant material and reviewing and revealing relevant material to the prosecutor?
A disclosure officer.
What do the cps do with unused materials?
They produce schedules of unused materials (sensitive and non-sensitive) which will be passed to the defence.
Why would the prosecutor seek to make a public interest immunity (PII) application to the courts?
To attempt to prevent disclosure of sensitive information if such disclosure would not be in the public interest.
What does s.7A CPIA 1996 entail?
The prosecution are under a continuing duty to disclose relevant evidence. Need for further prosecution disclosure may be influenced by inter alia the disclosure of a defence statement.
What is defence?
- Voluntary in the mags courts (must be served 14 days from prosecution disclosure).
- Mandatory in the crown court (must be served 28 days of prosecution disclosure).
What form is defence disclosure?
A defence statement (CPIA 1996 ss.5 & 6).
Contents of a defence statement (s.6a CPIA 96)?
- Nature of accused’s defence, inc spec defences he intends to rely upon.
- matters of fact of prosecutions case with which he takes issue.
- Why he takes issue w them.
- Points of Law he intends to rely upon.
- Details of alibi evidence- name, dob, address of witness or details of the place of the alabi.
- Req for disclosure of any unused evidence.
What happens if there is failure in defence disclosure?
Inferences can be drawn.
